General Sales Conditions (G.S.C.)

SAS OVITAL

S.A.S OVITAL
Siren : 818 828 477
Registered office : 9, rue des Colonnes
Share capital : 5000 EUR

Article 1: Purpose

The present General Terms of Sale determine the rights and obligations of the parties in the context of the online sale of products offered by S.A.S OVITAL and the www.structwater.com website , www.structwater.fr, www.structwater.be, www.strucwater.uk, www.structwater.ch .

Article 1.2: General provisions

The present General Terms and Conditions of Sale (GTCS) apply to all sales of products and services made through the www.structwater.com website and the domain names mentioned in article 1, which form an integral part of the Contract between the Purchaser and the Vendor. S.A.S OVITAL reserves the right to modify the present General Terms and Conditions of Sale at any time by publishing a new version on its website.
The General Terms and Conditions of Sale then applicable are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GCS can be consulted on the Company's website www.structwater.com and the domain names mentioned in article 1. The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer hereby declares that he/she has read and understood all of these General Terms and Conditions of Sale, and any Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs.
The Customer declares that he/she is legally capable of entering into a contract under Belgian and European law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.

Article 2: Prices

The prices of products sold by www.structwater.com and domain names mentioned in article 1 are indicated in Euros, all taxes included and excluding specific shipping costs (precisely determined on the product description pages). For all products shipped outside the European Union and/or French overseas departments and territories, please contact us directly via the contact request form (any attempt to purchase via the site will be refused).
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Vendor. They are the responsibility of the purchaser (declarations, payment to the competent authorities, etc.). In this respect, the Seller invites the purchaser to obtain information on these aspects from the relevant local authorities.
The Company reserves the right to modify its prices at any time in the future. Any telecommunication costs incurred in accessing the Company's websites shall be borne by the Customer. Where applicable, delivery charges are also payable by the Customer.

Article 3: Online contracting

The Customer must follow a series of steps specific to each Product offered by the Vendor in order to complete the order. However, the steps described below are systematic:

Information on the essential characteristics of the product (on the Internet page of the product in question) ;
Choice of product and, if applicable, its options and indication of the customer's essential data (identification, address, etc.);
Acceptance of these Terms and Conditions.
Check order elements and correct any errors.
Follow-up of payment instructions, and payment of products.
Delivery of products. The Customer will then receive confirmation by e-mail of payment of the order, as well as an acknowledgement of receipt of the order confirming it. The Customer will also receive a .pdf copy of these terms and conditions of sale. For delivered products, delivery will be made to the address indicated by the Customer and only after full payment has been received. In order for the order to be processed correctly, the Customer undertakes to provide truthful identification details.
The Vendor reserves the right to refuse the order, for example in the case of any abnormal request, made in bad faith or for any legitimate reason.

Article 4: Products and services

The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the company's websites. The customer certifies that he/she has received a detailed breakdown of delivery costs, as well as the terms of payment, delivery and execution of the contract. The Vendor undertakes to honour the Customer's order within the limits of available stocks of Products only. In the absence of such availability, the Vendor will inform the Customer. This contractual information is presented in detail and in the French language.
In accordance with European law, it is summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the offer of Products and their prices is specified on the Company's websites, as well as the minimum duration of the contracts proposed when these concern a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are solely those of the natural person signing the order (or the person holding the e-mail address communicated).
In accordance with the legal provisions concerning conformity and latent defects, the Vendor will refund or exchange defective products or products that do not correspond to the order. Refunds may be requested as follows:

1/ Report by e-mail with photos (if visual possible).
2/ Acceptance (or refusal, depending on conditions) of request for refund or exchange.
3/ Sending of requested documents.
4/ Collection of equipment and replacement (if agreed).
5/ Refund by cheque or bank transfer to customer's name.

Article 5: Retention of title

Products remain the property of S.A.S OVITAL until full payment has been received.

Article 6: Delivery terms

Products are delivered to the delivery address indicated when the order was placed and within the time indicated. This delivery time does not take into account the time required to prepare the order.
In the event of a delay in shipment, we will inform you by e-mail of the delay in your order.
The Vendor provides a contact e-mail indicated in the order confirmation e-mail in order to follow up on the order.
The Vendor reminds you that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered. Likewise, the customer undertakes to check the integrity of the package before accepting it.

Article 7: Availability and presentation

Orders will be processed within the limits of our available stocks or subject to our suppliers' stock availability. If an item is unavailable for more than 15 working days, you will be informed immediately of the expected delivery times and the order for this item may be cancelled on request. The customer may then request a credit note for the amount of the article or a refund.

Article 8: Payment

Payment is due immediately upon placing the order. The customer may pay by credit card or cheque. Cards issued by banks domiciled outside Belgium must be international bank cards (Mastercard or Visa). Secure online payment by bank card is made by our payment service provider. The information transmitted is encrypted and protected by the SSL Internet security protocol.
Once the customer has initiated payment, the transaction is immediately debited after the information has been verified. In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled and the order cancelled.

Article 9: Withdrawal period

On receipt of the product, the customer must check its quantity, condition and conformity with the order. If the customer is not satisfied with the product he has received, he has fourteen clear days from receipt to return it to:
SAS OVITAL/STRUCTWATER - 2 bis, La Friconnière - 85220 APREMONT - FRANCE

Article 10: Warranties

In accordance with the law, the Seller assumes two warranties: of conformity and relating to hidden product defects. The Vendor will reimburse the purchaser or exchange products that appear to be defective or do not correspond to the order placed.
The reimbursement request must be made in the following manner:

The Seller reminds that the consumer has a period of 15 DAYS from delivery of the goods to act with the Seller.

Additional warranties: All products are covered by a 5-year warranty.

Article 11: Complaints

Where applicable, the Buyer may make any claim by contacting the company using the contact form or by sending a letter to the address mentioned in articles 9.

Article 12: Force majeure

The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent such performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 13: Invalidity and amendment of the contract

Should any of the stipulations of the present contract be null and void, this will not invalidate the other stipulations, which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties.

Article 14: Protection of personal data

In accordance with the French Data Protection Act (Loi Informatique et Liberté), you have the right to question, access, modify, oppose and rectify your personal data. By accepting these general terms and conditions of sale, you consent to the collection and use of your personal data for the purposes of this contract. By entering your e-mail address on one of the sites in our network, you will receive e-mails containing information and promotional offers concerning products published by the Company and its partners.
You may unsubscribe at any time. To do so, simply contact us and mention your request in the contact form:

Article 15: Applicable law

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be governed by Belgian law.

Article 16: Liability

SAS STRUCTWATER FRANCE shall not be held liable for any indirect loss, operating loss, loss of profit, loss of luck, damages or expenses.

Article 17: Intellectual property

All elements of SAS OVITAL' s commercial documents and website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. They are the exclusive property of SAS OVITAL or its suppliers, who grant no license or right other than that of consulting the website. Reproduction or use of all or part of these elements is authorized solely for the purposes of information for personal and private use. Any reproduction or use of copies made for other purposes is expressly forbidden. Any other use constitutes an infringement and is punishable under the Intellectual Property Code, unless prior written authorization has been obtained from SAS OVITAL.

Article 18: Modification of the general terms and conditions of sale

SAS OVITAL reserves the right to modify these terms and conditions of sale at any time and without prior notice. The modified terms and conditions of sale will apply to orders placed after the new terms and conditions have been made public, notably on the website. Before placing an order, the customer is invited to consult the website to check the conditions of sale in force.

Article 19: Promotional offers

In the event of a promotional offer, it is limited to the prices and/or products indicated on SAS OVITAL's commercial documents, its paper catalog or its website, and within the limits of available stocks. The promotional offer is subject to the particular conditions governing it, notably concerning its duration, which is always limited in time. SAS OVITAL cannot guarantee the availability of products after the deadline.

Article 20: Safety precautions and Important warnings

SAS OVITAL products must not be placed in the vicinity of electronic or computer equipment, bank cards, magnetic strips, etc., or any device likely to be affected by a magnetic field.

SAS OVITAL products are not recommended for use in close proximity to pacemaker wearers, or by pregnant women during the first three months of pregnancy.

SAS OVITAL products are not a substitute for medical treatment.

SAS OVITAL declines all responsibility for the medical consequences of the products sold, the customer being solely responsible for their use.

Terms and Conditions Oney x PayPlug

As part of our partnership with Oney and PayPlug for the processing of your payments, we would like to inform you that our General Terms and Conditions of Sale now include the GTC specific to this service. You can consult these conditions by following the link below: CGV Oney x PayPlug. This link will take you to a document detailing the terms of use of the Oney service, which is integrated into our offer to facilitate your online payments.